Proposed penalties on Cal-OSHA citations total $552,775, the second-highest assessment against an employer by Cal-OSHA. The citations result from a fatality at K & L Plating's operation at 10323 Pearmain Street in Oakland on September 25, 1993. Total assessed penalties on this inspection are $538,280.
Cal-OSHA also inspected K & L Plating's two other facilities, located at 989 89th Avenue and 902 72nd Avenue in Oakland. These inspections were conducted because of health and safety concerns raised by the conditions at the accident site. Penalties assessed at the 989 89th Avenue inspection totaled $7,875, and penalties assessed as a result of the inspection at the 902 72nd Avenue site totaled $6,620.
Citations concerning the accident site:
6151(c)(1): Fire extinguishers not fully charged and were $800
not mounted.
3241(c): Boxes and other equipment stored in a manner $600
that they created a hazard.
3241(a): Areas above the floor level did not have approved $600
load capacity posted.
461(a): Employer did not have a permit to operate an air $1,000
tank.
Total $3,000
5141(a): Feasible engineering controls not implemented $6,000
to prevent harmful exposure to hazardous substances.
5159(a)(5): Harness type safety belt not a hoisting device $6,000
used to lift employee out of confined space.
5162(a): Emergency eyewash and shower equipment not $4,000
available for employees exposed to corrosive substances.
3273(a): Working platforms not secure and were in $4,000
deteriorated condition.
5227(c)(2): Labels not provided on tanks to indicate their $5,000
contents as wellas necessary precautionary measures.
3203(a)(4): No procedures for identifying and evaluating $5,000
workplace hazards.
5144(f)(1): No procedures that governed selection, use, and $6,000
fit testing of respirators.
3400(c): First aid kit did not contain amyl nitrite. $5,000
3384(a): Gloves not provided for employees exposed to $4,000
corrosive substances.
2340.11(a): Electric conductors exposed to deteriorating $4,000
substances.
3210(a): Platform did not have guardrails, exposing $4,000
employee to corrosive substances.
3328(b): Crane deteriorated from its exposure to acid and $5,000
other chemicals.
5162(a): Emergency eyewash/shower not tested monthly. $6,000
5169: Dikes or berms not provided to separate acids $5,000
and cyanides.
5194(h)(1): Employees not provided information related to $6,000
hazardous substances in the workplace.
2390.1: Electric conductor did not have overcurrent/voltage $6,000
protection.
2500.9: Employer spliced the flexible cords and cables $6,000
and taped them to the junction box, rectifier,
and transformer.
Total $87,000
3220(a): Employer did not have a written Emergency Action $60,000
Plan.
5144(a): Employees entered oxygen-deficient area without $60,000
respirators.
5159(a)(4): Standby employee entered a confined space and $60,000
was not provided a respirator -- employee
subsequently expire.
5159(b)(1): Employer did not ensure at least one employee $60,000
was trained in first aid and CPR.
2340.17: Energized electrical parts not guarded against $60,000
contact.
5158(c): Employer did not test confined space to determine $60,000
if atmosphere was oxygen-deficient.
5157(b): Employees not trained in confined space operating $60,000
and rescue procedures.
Total $420,000
3364(b): Toilet facilities not maintained in a sanitary $2,400
condition
5143(a)(5): Employer failed to test mechanical ventilation $1,600
rate.
5155(d): PPE not provided for employees transferring $5,400
sodium cyanide.
14301(a)(1):Employer did not maintain a log of recordable $800
injuries and illnesses.
Total $10,200
5155(a)(1): Employer did not monitor for airborne contaminants $18,080
as prescribed by 5155(c).
Total penalties assessed for violations observed
during accident investigation:
K & L Plating location at 989 89th Avenue:
3203(a): Employer did not have a written IIPP. $875
3400(c): No first aid material at the site. $875
5144(c): Employees not fit tested. $175
5194(e)(1): Employer did not have a written hazard communication $700
program.
Total $2,625
5169: No berms or dikes to prevent mixing of dissimilar $1,750
substances.
5229: Employer did not provide amyl nitrite for employees $1,750
who worked with inorganic cyanides.
5162(b): Emergency shower did not work. $1,750
Total: $5,250
Total penalties assessed at 989 89th Avenue: $7,875
K & L Plating location at 902 72nd Avenue:
3400(c): Employer did not have a hazard communication $500
program.
5194(e)(1): No first aid kit. $500
Total $1,000
5162(a): No emergency eyewash facilities. $1,250
5169: No berm or dike to separate dissimilar substances. $935
5194(f)(4): Tanks not labeled. $935
5229: Employer did not provide amyl nitrite for employees $1,250
working with cyanide.
5162(b): No emergency shower. $1,250
Total $5,620
Total penalties assessed at 902 72nd Avenue:
$6,620
TOTAL PENALTIES AT ALL LOCATIONS:
$552,775
In 1991, the K & L Plating facility at 10323 Pearmain Street was cited for one regulatory violation, 32 general citations or memorandum citations were issued, and four serious citations were cited. Penalties totaling $970 were assessed, with penalties on the serious citations totaling $675.
The serious citations were:
2340.179(a):Energized electrical parts not guarded against contact.
$150
3273(a): Permanent floor and platforms not free of dangerous $150
projections or obstructions, maintained in good
repair, and reasonably free of oil, grease, or water.
3382(a): Employees not provided with suitable face or eye $150
protection.
5164(a): Incompatible substances not stored by distance $225
or partition from each other to preclude accidental
contact between them.
Total serious citations $675
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